(Holiday Cautions from the Office of Ethics - with apologies to Frank Capra)
by Rhyming Ray Sheehan (the Ba"h"d of B"ah"ston)
Typical Bedford Falls Holiday Party
'Tis holiday season, cheer, laughter, receptions
gatherings, parties, and public perceptions.
Lighting of candles, bells, decking the hall,
but please don't forget, you must be ethic-al.
The acceptance of gifts [1] from non-Feds, of course is
a problem where givers are prohibited sources. [2]
Or, if there exists yet another condition,
the gift was based on (your) official position.
Should environs like these, with you ever arise,
the rule is decline or else pay market price.
Still the rules needn't always mean indigestion,
they're written by lawyers, so there are exceptions.
Like gifts under $20, you can take without fear,
if all gifts from that source total $50 (or less) that year.
And of course there are gifts from our family and friends,
if based on that tie, we don't care what they spend.
And it's the same from an outside interest or job,
at your spouse's firm's party, go and hobnob.
One caveat please: amidst small talk and laughter,
decline if it's really you that they're after. [3]
"George Bailey, it's you that we're after."
Yet another waiver that's helpful to donees,
covers things open to all Fed employees.
And perish'ble items, like foodstuffs or flowers, [4]
can be shared with the office, 'fore it spoils or sours.
The occasions that cause the greatest of heartburn,
cost above 20 ($) with no true friends to turn.
If the food is gourmet and scotch isn't blended,
the gath'ring's OK only if "widely-attended."
Nick holds a widely-attended gathering.
Needs: attendees, many and varied in vision,
and you're there supporting an agency mission.
This means agency approval in advance, [5]
it's not for intimate groups, or extrav'gance.
As between employees, 10's ($) the max you can do,
for a boss, or anyone who makes more than you. [6]
You cannot solicit from your Fed'ral cohorts,
nor from outside sources, lest we hear reports.
George soliciting uncle Billy.
You can bring food to the office for a division brunch,
but "no way" on taking the boss out to lunch.
If invited to homes, hospitality's fine,
for your boss' house-party, buy the good wine. [7]
These rules can be vexing, our treatment here shallow,
if you need more depth, see the footnotes that fallow. [8]
For a question that lingers, nags, irks, pains, or sticks,
go to our website -- modules 2, 3 and 6. [9]
One final thought before a-reveling you go,
if things seem dicey, you can always say "no."
With all this in mind and applying sound reason,
go forth and have a great Holiday Season.
Happy Holidays!
FOOTNOTES: (sorry 'bout the following, but Ray is, after all, a lawyer)
- A "gift" would include anything (e.g., tangible items, privileges, services, etc.) of value that is offered to an employee for less than the market value (e.g., 10% discount).
- A "prohibited source" is anyone who: has business or seeks to do business with USDA (including any of its agencies or offices); seeks official action from USDA; conducts activities regulated by USDA; has interests that can be substantially affected by the performance or nonperformance of your official duties; or any outside organization a majority of whose members are prohibited sources.
- For example, an invitation is based on your official position where: the inviting party can be affected by the performance or nonperformance of your official duties; or where your official presence is used to attract others to the event; the gift to your spouse is indirectly meant to influence you; or the gift provides the donor with special access to you.
- If nonperishable and otherwise not acceptable, the gift should be returned to the donor.
- Oral approval is OK unless you can substantially affect the interests of the host through the performance or nonperformance of your official duties; then it must be in writing.
- Unless there is a personal friendship and there is no superior/subordinate relationship involved.
- A hospitality gift brought in appreciation for being invited to someone's home may be worth more than $10. However, the gift should be customary for the occasion and not extravagant.
- Office of Ethics routinely and shamelessly exercises its right to literary license.
- (Gifts from outside sources)
(Gifts between employees)
(Invitations from outside entities)
